BUSINESS OPERATIONS
Policy
No. 3323/7400
Business Operations
Procedures—Bidding Construction Projects and
Contracts
All contracts for
work related to building construction, remodeling or repair or site improvement
in excess of $100,000, or such sum as adjusted pursuant to §73-106, will be bid
in accordance with state statutes. All
other contracts will be handled under current district policies and
regulations.
The District shall
bid every project for the construction, remodeling, or repair of any
school-owned building or for site improvements when the contemplated
expenditures for the project is in excess of $100,000.00, or such sum as
adjusted pursuant to §73-106. The bidding procedures shall comply with the
requirements of state law and shall include the following:
1. Notice to Bidders: The Administration shall prepare a
notice to bidders containing a general description of the scope of the project
being bid; the location of the project; the means of obtaining project
documents, including plans and specifications; the date and hour bids will
close; and the date, hour and place bids are to be returned, received and
opened, and a provision that such bids will be immediately and simultaneously
opened in the presence of the bidders or representatives of the bidders, when
the hour is reached for the bids to close.
2. Regular Manner of Advertisement for
Bids: The notice to bidders shall be published one time in a newspaper of
general circulation in the School District.
The notice shall be published at least seven (7) days prior to the date
designated for the opening of such bids. The Board of Education or
Administration may, in its sole discretion, elect to utilize further
advertisement for bids as it may determine appropriate
to secure a sufficient number of qualified bidders for the scope of the
project.
3. Bid Opening: When the hour is reached for such bids to
close, bids will be immediately and simultaneously opened in the presence of
the bidders or representatives of the bidders.
4. Contract Award: The contract
shall be awarded to the lowest responsible bidder as to the extent required by
law. When not so required, the award
shall be made on the basis of consideration of the contract award criteria determined
appropriate by the Board or administration.
5.
Performance and Payment Bonds. Whenever any contract is entered into for the
erecting, furnishing, or repairing of any building or other public structure or
improvement, the contractor shall be required, before commencing such work, to
furnish a performance, labor and material payment bond. The bond requirement shall not apply,
however, to any project bid or proposed which has a total
cost of $10,000 or less unless the School Board or Administration includes a
bond requirement in the specifications for the project. The bond shall be in an
amount not less than the contract price. The bond shall be conditioned on the
faithful performance of the contract and the payment by the contracting party
of all laborers and mechanics for labor that is performed and of all material
and equipment rental that is actually used or rented in connection with the
improvement project and the performance of the contract. Such bond shall contain such provisions as
are required by statutes, and be in a form prescribed and required by the
district.
6.
Retention of an Architect or Engineer. The School District shall not engage in the
construction of any public works involving architecture or engineering unless
the plans, specifications, and estimates have been prepared and the
construction has been observed by an architect, a professional engineer, or a
person under the direct supervision of an architect, professional engineer, or
those under the direct supervision of an architect or professional engineer;
provided that such requirement shall not apply to any public work in which the
contemplated expenditure for the complete project does not exceed one hundred thousand
dollars ($100,000), as adjusted from time to time by § 81-3445 or other
applicable law.
7.
Additional Procedures.
Each bid for which a labor and material bond is required shall be
accompanied by a bid bond or certified check in the amount of five percent (5%)
of such bid unless the School Board or Administration waives such requirement.
The Board of Education or Administration may provide for additional procedures
for the procurement, opening and acceptance of bids as deemed appropriate for a
particular project.
Legal Reference: Neb. Rev. Stat. ' 52-118; Neb. Rev.
Stat. ' 73-101 et seq.; Neb.
Rev. Stat. ' 73-106; Neb. Rev.
Stat. ' 81-3445
Date of Adoption: October 4, 1983
Revised:
February 6, 2006
Revised:
June 16th, 2014
Revised:
July 20th, 2015